UK Employment Law

UK employment law questions answered by verified Experts

Ask an Expert,
Get an Answer ASAP!

ch:mn

Customer Question
my employer is trying to...
my employer is trying to change my job sa I am salarid and they wish to change to hourley rate with no notice
Submitted: 5 years ago.Category: UK Employment Law
Show More
Show Less
Ask Your Own UK Employment Law Question
Answered in 1 minute by:
1/8/2013
Solicitor: Ben Jones, UK Lawyer replied 5 years ago
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,953
Experience: Qualified Employment Solicitor
Verified

Ben Jones :

Hello and thank you for your question, which I will be happy to assist you with. Please let me know how long have you worked there for?

JACUSTOMER-349804ow- :

I have worked for them for 22yrs

Ben Jones :

So are they just changing the way you are paid or id the whole job changing, including duties

JACUSTOMER-349804ow- :

yes can I claim redunsecy

Ben Jones :

yes to what please - can you please refer to my last question

JACUSTOMER-349804ow- :

they want to change my job and my pay to hourley paid

Ben Jones :

ok so your duties are changing as well?

JACUSTOMER-349804ow- :

they will if I dont object. have been there 22 yrs butcher . QC for the last 10

Ben Jones :

ok let me get my advice ready please

Ben Jones :

What your employer is proposing to do is amend your contract of employment.


 


There are several ways in which an employer may try and make changes to an employee’s contract of employment. These are:


 


1. By receiving the employee’s express consent.


2. By forcefully introducing the changes (called 'unilateral change of contract').


3. By giving the employee notice to terminate their current contract and then offer them immediate re-engagement under a new contract that contains the changes.


 


If the employee agrees to the changes then that would usually put an end to the matter.


 


If the changes are introduced forcefully then the following options are open to the employee:


 


1. Start working on the new terms but making it clear in writing that they are working ‘under protest’. This means that the employee does not agree with the changes but is only working them because they feel they are forced to. In the meantime they should try and resolve the issue either by informal discussions or by raising a formal grievance.


 


2. If the changes are serious enough (e.g. a change to pay, duties, place of work, etc.) the employee may wish to consider resigning and claiming constructive dismissal. The resignation must be done without undue delay so as not to give the impression that the changes had been accepted. The claim must be submitted in an employment tribunal within 3 months of resigning and is subject to the employee having at least 1 year’s continuous service.


 


3. Finally, if the employment is terminated and the employer offers re-engagement on the new terms that could potentially amount to unfair dismissal. However, the employer can justify the dismissal and the changes if they had a sound business reason for dismissing an employee who refuses to accept the variation in terms. This could be pressing business needs requiring drastic changes for the company to survive. If no such reason exists, the employee can make a claim for unfair dismissal in an employment tribunal. The same time limit of 3 months to claim and the requirement to have 1 year’s continuous would apply.


 


In terms of redundancy this would only happen if you are actually made redundant. The employer does not have to make you redundant when they change your contract of employment so unless they treat this as a redundancy they do not have to pay you redundancy pay. However, you are still entitled to challenge this as per the advice above, most commonly through a constructive dismissal claim. Alternatively you may try and agree some form of compensation package with the employer.


 

Ben Jones :

Please take a second to leave a positive rating. If you need further clarification please do NOT rate yet and simply get back to me with any queries or comments you have and I will be happy to assist further. Thank you

Ask Your Own UK Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,953
50,953 Satisfied Customers
Experience: Qualified Employment Solicitor

Ben Jones is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

50,953 satisfied customers

Qualified Employment Solicitor

Jenny McKenzie

Jenny McKenzie

1,922 satisfied customers

10 Years of experience in Employment Law and HR

UKSolicitorJA

UKSolicitorJA

Solicitor

390 satisfied customers

solicitor

John Knox

John Knox

Solicitor

72 satisfied customers

Solicitor and Advocate

Kasare

Kasare

Solicitor

35 satisfied customers

LLB (Hons)

Buachaill

Buachaill

Barrister

24 satisfied customers

17 years experience

INC

INC

Solicitor-Advocate

22 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

< Previous | Next >

Related UK Employment Law Questions
I was on maternity over 14 months ago when the our new owner
Hi, I was on maternity over 14 months ago when the our new owner then bought out a rival firm. My counterpart at this rival firm got promoted to group and I was called by the M.D. to say my teams name… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
50,953 satisfied customers
Thanks. I think my employer is advertising my job, can he do
Hi, Thanks. I think my employer is advertising my job, can he do this? I have been there over 2 years. Thanks… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
50,953 satisfied customers
I have worked at my company years. the last 4 years i ws
hi i have worked at my company for 36 years. the last 4 years i ws employed as a production manager. in yea r 3 of mya course was intrduced which included written work and presentation. i infomred my … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
50,953 satisfied customers
My employer has informed me that they made a mistake in my
My employer has informed me that they made a mistake in my employment contract after I raised a query about it. My job is 37.5 hours a week Term Time Only (36 weeks), and my salary is split in to 12 e… read more
Jenny McKenzie
Jenny McKenzie
Vocational, Technical or Trade Scho
1,922 satisfied customers
My employer is about to change my job title and probably job
My employer is about to change my job title and probably job description. I am suspicious this is to reduce my salary in the next year. What options do I have to defend my slaray and/or job title?… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
50,953 satisfied customers
I am leaving under a settlement agreement which was signed
I am leaving under a settlement agreement which was signed and confirmed yesterday; I was offered a new role which I accepted prior to the signing of the SA. The new employer is requesting a reference… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
50,953 satisfied customers
Hi I am being taken for gross misconduct by an NHS Board
Hi I am being taken for gross misconduct by an NHS Board because I have refused to follow instructions. However, they changed my job description last year without my agreement and without partnership … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
50,953 satisfied customers
I have been on redundancy notice for six weeks and I finish
I have been on redundancy notice for six weeks and I finish in two days. I have two other offers of work and was due to accept one today. I have just been invited into an interview with my current emp… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
50,953 satisfied customers
the company i work for has just announced that out sick payments
the company i work for has just announced that out sick payments are being changed, they are saying that we will not be payed for the first two days regardless of how many hours per day and per week w… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
50,953 satisfied customers
My organisation has changed my working practices. We were
My organisation has changed my working practices. We were in the middle of contract negotiations (but nothing agreed and no new contract yet) where they wish to change my hours from working weekly hou… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
50,953 satisfied customers
I have worked for a UK company (Tronic Ltd) which was owned
I have worked for a UK company (Tronic Ltd) which was owned by Expro, Tronic was sold for $655 million (ish) in May to Siemens. My contract of employment for the last 8 years I am quite happy with. Th… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
50,953 satisfied customers
currently work as a learning mentor for past 10 and half years.
currently work as a learning mentor for past 10 and half years. for the past 3 yrs with the new head teacher , my job has slowly been changed and my role de valued... beginning to be noticed by other … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
50,953 satisfied customers
i was asked to do a temp job i agreed but then told i must
i was asked to do a temp job i agreed but then told i must keep that job and i did not want it but was told if i did not i must leave… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
50,953 satisfied customers
I have worked for my present employers for 17 years, 6.5 of
I have worked for my present employers for 17 years, 6.5 of them in my present role as an unqualified PE teacher to cover PPA timetables. My headteacher has now decided that I am not qualified to do t… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
50,953 satisfied customers
I work permanent night shifts, my employer has told me that
I work permanent night shifts, my employer has told me that I must now work day shifts as well but my contract states nights only. Can my employer just change my contract, job title and hours even if … read more
Daniel Smith
Daniel Smith
Bachelor's Degree
3,777 satisfied customers
I have a question with regards to hourly rates and consultation. I
I have a question with regards XXXXX XXXXX rates and consultation. I have a letter from my employer dated in June 2005 which informs me that my hourly rate is frozen at £24.75 until my actual hourly r… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
50,953 satisfied customers
Can an employer legally change your job discription and if
Can an employer legally change your job discription and if so wat mus the percentage of difference must there be?… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
50,953 satisfied customers
Ive been working for Company X for 9 years. My employment
I've been working for Company X for 9 years. My employment contract is supplemented by another Shift Allowance contract;allowance can be removed at any time. Over the last 7 yrs the Shift Allowance ha… read more
Jenny McKenzie
Jenny McKenzie
Vocational, Technical or Trade Scho
1,922 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x